A U.S. National Guard soldier in Iraq who lost both arms when a helicopter tire exploded while being inflated may collect on his insurance policy, its exclusion for “acts of war” notwithstanding, a Rockland County judge has ruled.
“Based upon the language in the exclusion and the commonly understood definitions of ‘war,’ this Court holds that plaintiff’s injuries do not fall within the policy exclusion since he was not engaged in ‘armed conflict,’ or ‘active hostilit[ies],’ or ‘battle’ at the time he sustained injuries; rather, plaintiff was simply engaged in routine maintenance of a helicopter tire,” Supreme Court Justice Mary H. Smith ruled in Damon v. Fortis Benefits Insurance Company , 7673/04.
